It’s Our Water

By U.S. Senator Deb Fischer

It was set to happen. The Obama administration’s rule to expand federal control over water in Nebraska and all across the country was supposed to go into effect on August 28. Thankfully, a federal judge intervened.

Some of you may be unfamiliar with this new policy change, which will expand the definition of “waters of the United States” (WOTUS) under the Clean Water Act. Through this rule, known as WOTUS, the federal government can now regulate almost any water, from prairie potholes to farm ditches and everything in between. This is federal overreach at an absurd new level.

But on August 27, hours before the rule would go live, a temporary injunction was issued by U.S. District Court Judge Ralph Erickson of North Dakota. For now, Nebraska is one of 13 states exempted from the rule.

Since this proposal was announced in 2014, I have been a vocal opponent. The reason is simple: the negative and far-reaching impacts will harm the lives of all Nebraskans. I have led multiple efforts to enhance public input on this rule. Additionally, I have pushed for answers from the EPA regarding overreaching federal jurisdiction and cumbersome burdens from the rule’s costly permitting requirements.

In March, I held a Senate Environment and Public Works Committee field hearing on WOTUS in Lincoln. We heard from local community and business leaders about the specific impacts on our economy and the harm to Nebraska families. One witness from the Nebraska State Homebuilders Association noted that current regulations account for 25 percent of the costs of building a home. This rule will only exacerbate these costs and put the American dream of owning a home out of reach for countless people across the country.

Stakeholders in Nebraska were not alone in their opposition to WOTUS. Thirty-two states said they wanted this proposal to be withdrawn or modified. This is not a partisan issue – concern over this rule is bipartisan.

Despite our efforts, the final rule was announced in May. Before the release of the final rule, more than one million comments and concerns were submitted to the administration regarding the proposal. With the swift release of this rule, it seems highly unlikely that the administration took its time to thoroughly read through these comments and address the many concerns. Americans deserve more accountability from the federal government.

The fight is not over. I have joined my colleagues to introduce legislation that will stop this rule altogether.

The first bill, known as the Federal Water Quality Protection Act, would require the Obama administration to consult states and stakeholders before imposing federal regulations on state-owned water resources. If enacted, this bipartisan bill would ensure that a thorough economic analysis is conducted before restricting states from managing their own natural resources.

Additionally, I introduced the Defending Rivers from Overreaching Policies (DROP) Act. This bill targets the flawed science used by the EPA to expand the definition of water. The administration failed to conduct an impartial and scientific analysis. The DROP Act would ensure that happens.

Nebraska owns the water in our state and we strive every day to protect it and secure its viability. Our local communities, farmers, and ranchers have proven their ability to be good stewards of our natural resources. But now, this rule will inhibit state and local governments from effectively regulating our water as they have done for years. Nebraska has 23 Natural Resource Districts where local communities work every day to protect and manage our water. They should continue to do so. The citizens of Nebraska should control our state’s water, not bureaucrats in Washington.

We must work together to preserve our water for current and future generations. The best way to do this is by protecting the local control of this resource through policies that promote growth and conservation. I will continue working with my colleagues on ways to stop harmful regulations like this rule.

Thank you for participating in the democratic process. I look forward to visiting with you again next week.

U.S. Senator Deb Fischer